3 Types of Product Liability Claims from A Product Liability Lawyer Longwood, FL Trusts
Much like other types of personal injury claims, product liability claims can fall into different categories. The type of product liability claim that you have will affect the evidence you’ll need to provide in order to prove fault. If you have encountered any of the following situations, you’ll want to contact a product liability lawyer in Longwood, FL at David & Philpot, PL right away.
Failure to Provide Adequate Warnings
This type of product liability claim pertains to the warning labels that are placed — or not placed — on products. The purpose of these labels is to explain the product’s proper use to consumers. For example, over-the-counter medications often come with lists of possible side effects and recommended dosages; toys with small parts may come with labels that warn of choking hazards for small children; certain everyday household products like cleaners in aerosol spray cans or nail polish usually warn users that the items are flammable.
If an individual fails to follow these warnings, misuses the product, and sustains an injury, then the individual is responsible. However, if a product did not contain an adequate warning for proper use and the individual unknowingly misused the product, then the manufacturer could be held liable for any resulting injuries.
Defective Product Design
In some cases, the problem with a defective product can be traced all the way back to its design. A successful liability case for a defective design will prove that even when the product is manufactured and used properly, something about the product is inherently dangerous. This type of product liability case often manifests in vehicle-related accidents where a part in the vehicle malfunctions and causes injury. If the same part causes the same problem in the same line of vehicles, a product liability lawyer will likely argue that the part was designed poorly.
When a company discovers that one of their product lines has been designed poorly, they often release a recall on that product to warn consumers about the risk. These recalls protect not only vulnerable consumers, but also the companies that sell products. If a consumer is aware of a product recall but continues to use the item and is injured because of it, the consumer might not have grounds for a product liability case.
Defective Product Manufacturing
If the product was designed properly but was manufactured incorrectly and causes an accident, this might constitute a defective product manufacturing claim. For example, if a vehicle part malfunctioned and caused an accident, but if it only occurred in a single instance, a Longwood, FL court might determine that the part was manufactured incorrectly.
In these cases, a key element in a successful claim is being able to prove that the consumer did not misuse the product. These cases can actually be more difficult for plaintiffs because, unlike a defective design case, there is no corroborating evidence from other injured parties. If you believe that you were injured due to a defectively manufactured product, it’s recommended that you speak with a product liability lawyer Longwood, FL residents trust from David & Philpot, PL about your case.